Jul 27

Federal Courts Continue to Reinforce NAR’s Position in Key MLS Litigation

The National Association of REALTORS® (NAR) entered 2026 with several significant courtroom victories that have strengthened its legal position in ongoing challenges involving Multiple Listing Services (MLSs), REALTOR® membership, and antitrust claims. Courts have consistently ruled that plaintiffs failed to provide sufficient evidence that NAR’s policies unlawfully restrained competition or violated federal law.

One of the most notable decisions involved a lawsuit filed by Pennsylvania real estate practitioner Maurice Muhammad, who alleged that NAR, the Pennsylvania Association of Realtors, and Greater Lehigh Valley REALTORS® engaged in anticompetitive practices and discriminatory conduct related to MLS access. In July 2025, a federal judge dismissed all claims with prejudice, preventing the case from being refiled. The court concluded that the complaint did not adequately establish violations of federal antitrust or civil rights statutes.

Later in 2025, the plaintiff’s appeal was also dismissed after required appellate filings were not submitted, effectively leaving the district court’s ruling intact.

These decisions followed additional victories for NAR in other MLS-related litigation, including the Homie and Eytalis cases, where federal courts likewise dismissed claims challenging NAR policies. Collectively, these rulings reinforced judicial recognition that REALTOR® associations and MLSs may establish membership and participation standards, provided those requirements comply with applicable law and promote transparent, competitive real estate markets.

The legal momentum continued into 2026. Courts also declined to revive litigation involving NAR’s former “no-commingling” policy, leaving prior rulings in favor of the association in place. Although that optional MLS policy was repealed in 2025, the decisions provided additional legal clarity regarding MLS governance and competition issues.

For real estate professionals, these outcomes offer greater certainty regarding the operation of REALTOR® organizations and MLS systems. While litigation surrounding real estate practices continues to evolve, recent federal court decisions have generally affirmed that plaintiffs must present concrete evidence of anticompetitive conduct rather than broad or conclusory allegations.

Source: REALTOR® Magazine
“Another Legal Win: Judge Sides with NAR, Throws Out Muhammad Case”
National Association of REALTORS®

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